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“reasoned order”

Natural JusticeReasoned OrderReasoned Order2,067 judgments

The decision most relied on for reasoned order is GKN Driveshafts (India) Ltd. v. ITO (259 ITR 19), cited in 1,349 judgments on BharatTax.

Leading authorities on reasoned order

GKN Driveshafts (India) Ltd. v. ITO
259 ITR 19 · 2003 · Supreme Court
1,349
citing judgments

When a notice under Section 148 of the Income Tax Act is issued, the Assessing Officer is bound to furnish reasons for reopening upon the assessee's request and must dispose of the assessee's objections to the notice by passing a speaking order.

ACIT v. Serajuddin & Co.
454 ITR 312 · 2023 · High Court
580
citing judgments

Approval under Section 153D of the Income Tax Act is mandatory for assessment orders in search cases. While elaborate reasons for approval are not required, the approving authority must provide some indication that it has examined the draft orders and found them to meet the requirements of law.

CIT v. Virgo Marketing (P) Ltd.
171 Taxmann 156 · 2008 · High Court
384
citing judgments

The assessment order must clearly specify the reason for initiating penalty proceedings under Section 271(1)(c) and explicitly state whether it is for concealment of income or furnishing inaccurate particulars. Failure to identify the specific limb under which penalty is initiated renders the penalty unsustainable.

V.M.Salgaocar & Bros.(P) Ltd. v. CIT
243 ITR 383 · 2000 · Supreme Court
189
citing judgments

An order by the Supreme Court dismissing a Special Leave Petition (SLP) at the threshold without detailed reasons does not constitute a declaration of law or a binding precedent. Such dismissal in limine offers no legal assistance.

Commissioner of Income-tax (Central) Nagpur v. Premkumar Arjundas Luthra (HUF)
69 Taxmann.com 407 · 2016 · High Court
159
citing judgments

The Commissioner (Appeals) cannot dismiss an appeal for non-prosecution; the law does not empower them to do so. The appeal must be decided on merits and in writing, stating points for determination, decision, and reasons.

CIT v. Nirma Chemical Works Ltd.
309 ITR 67 · 2009 · High Court
149
citing judgments

An assessment order is not erroneous or prejudicial under Section 263 merely because it is silent on a claim or lacks explicit reasons for its acceptance. Revision under Section 263 is impermissible if the Assessing Officer has taken a plausible view, even if the PCIT holds a different opinion.

PCIT v. Premkumar Arjundas Luthra
279 CTR 614 · High Court
132
citing judgments

The Commissioner of Income Tax (Appeals) is duty-bound to dispose of appeals on their merits, even when proceeding ex-parte. This requires framing points for determination, providing detailed reasoning for the decision, and affording the assessee a reasonable opportunity of being heard, as mandated by Section 250(6).

Home Finders Housing Ltd. v. Income-tax Officer Ward 2(3), Chennai
93 Taxmann.com 371 · 2018 · High Court
125
citing judgments

Failure by the Assessing Officer to supply reasons for reassessment or dispose of the assessee's objections, as required by the GKN Driveshafts procedure, is a procedural irregularity that does not render the reassessment order void. Such non-compliance can be cured by remitting the matter back to the Assessing Officer for proper adherence to the procedure.

Judgments citing reasoned order

Asstt. Commissioner of Income Tax, Exemptions, Circle-2, Chandigarh vs. M.R.S. Shri Prannath Parnami Education Society, Haryana

In the result, the appeal is dismissed

ITA 253/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh14 Oct 2024AY 2017-18

Bench: Shri A.D. Jain & Shri Krinwant Sahayआयकर अपील सं./Ita No.253/Chd/2024 "नधा"रणवष" / Assessment Year : 2017-18 Asstt. Commissioner Of बनाम M.R.S. Shri Prannath Income Tax, Exemptions, Parnami Education Society, Circle-2, 20Km Stone, Chandigarh Rajgarh Road, Vpo Choudhariwas Hisar 125001 "थायीलेखासं./Pan No: Aabam1046N अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Hearing ) "नधा"रतीक"ओरसे/Assessee By :Sh. Kapil Goyal, Advocate राज"वक"ओरसे/ Revenue By : Smt. Kusum Bansal, Cit, Dr सुनवाईक"तार"ख/Date Of Hearing : 19.09.2024 उदघोषणाक"तार"ख/Date Of Pronouncement : 14.10.2024 आदेश/Order Per A.D. Jain: This Is Assessee’S Appeal Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 14.01.2024, For The Assessment Year 2017-18, Taking The Following Grounds Of Appeal:

For Appellant: Sh. Kapil Goyal, AdvocateFor Respondent: Smt. Kusum Bansal, CIT, DR
Section 11(1)(d)Section 133(6)

Parnami Educational Society, Haryana 6 No rebuttal to such case laws has been put forward before us by the Department. 10. Accordingly, the well-reasoned order of the ld. CIT(A) on this issue is upheld and Ground No.1 is rejected. 11. Regarding Ground ... Again, no contra decision has been cited by the Department before us. Therefore, Ground No.2 is also rejected while confirming the well-reasoned order passed by the ld. CIT(A). 18. In the result, the appeal is dismissed. Order pronounced on 14.10.2024. ( KRINWANT SAHAY ) Vice President “आर.के.” आदेशक

Mr. Kantilal Laxmichand Jain, Ahmedabad vs. The ITO, Ward-1(2)(3), Ahmedabad

In the result, the appeal of the assessee is allowed in part for statistical purposes

ITA 800/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad03 Oct 2024AY 2014-15

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 799 & 800/Ahd/2024 (िनधा"रण वष" / Assessment Years : 2013-14 & 2014-15) बनाम/ Mr. Kantilal Laxmichand Ito Jain Ward - 1(2)(3), Vs. 22 Jakorbal Chamber, Opp. Ahmedabad Madhubaug Panchkuwa, Ahmedabad, Gujarat, 380002 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abbpj6013E (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Malay Kalavadia, A.R. ""यथ" क" ओर से/Respondent By : Shri C Dharani Nath, Sr. Dr 19/09/2024 Date Of Hearing Date Of Pronouncement 03/10/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Two Appeals Are Filed By The Assessee Against The Orders Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’), Dated 29.12.2023 & 28.12.2023 For The Assessment Years 2013-14 & 2014-15 Respectively.

For Appellant: Shri Malay Kalavadia, A.RFor Respondent: Shri C Dharani Nath, Sr. DR
Section 144Section 147Section 148Section 249Section 249(4)Section 69A

also is set aside to the file of the Ld. CIT(A) to examine the matter on its merits and thereafter to pass a reasoned order. 14. In the result, the appeal of the assessee is allowed for statistical purposes. 15. In the combined result, ITA No.800/Ahd/2024 is allowed

Mr. Kantilal Laxmichand Jain, Ahmedabad vs. The ITO, Ward-1(2)(3), Ahmedabad

In the result, the appeal of the assessee is allowed in part for statistical purposes

ITA 799/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad03 Oct 2024AY 2013-14

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 799 & 800/Ahd/2024 (िनधा"रण वष" / Assessment Years : 2013-14 & 2014-15) बनाम/ Mr. Kantilal Laxmichand Ito Jain Ward - 1(2)(3), Vs. 22 Jakorbal Chamber, Opp. Ahmedabad Madhubaug Panchkuwa, Ahmedabad, Gujarat, 380002 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abbpj6013E (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Malay Kalavadia, A.R. ""यथ" क" ओर से/Respondent By : Shri C Dharani Nath, Sr. Dr 19/09/2024 Date Of Hearing Date Of Pronouncement 03/10/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Two Appeals Are Filed By The Assessee Against The Orders Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’), Dated 29.12.2023 & 28.12.2023 For The Assessment Years 2013-14 & 2014-15 Respectively.

For Appellant: Shri Malay Kalavadia, A.RFor Respondent: Shri C Dharani Nath, Sr. DR
Section 144Section 147Section 148Section 249Section 249(4)Section 69A

also is set aside to the file of the Ld. CIT(A) to examine the matter on its merits and thereafter to pass a reasoned order. 14. In the result, the appeal of the assessee is allowed for statistical purposes. 15. In the combined result, ITA No.800/Ahd/2024 is allowed